Public offer contract
FOP Trofymenko Yury Oleksandrovych
EDRPOU code 2769308292
UA UA313052990000026000015011269
Location at the address: Kyiv, Heroiv Stalingradu Ave., 2g, building 2
Definition of terms:
The site is a website located on the Internet at the address evie.ua
including all its web pages.
Product - products, the image and/or description of which is posted on the Site.
Public offer – a public offer of FOP Trofymenko Yury Oleksandrovych , addressed to an unspecified circle of persons, regarding the conclusion of an electronic contract for the purchase and sale of Goods on the conditions determined by FOP Trofymenko Yuriy Oleksandrovych .
User/Buyer – a person viewing information on the Site and/or ordering, and/or receiving, and/or reserving Goods using the technical tools of the Site.
Consignee - the Buyer, or the person who actually receives the Goods delivered by the Carrier Company on behalf of the Buyer.
Order - the User's request for the purchase of the Goods selected by him, properly executed and placed using the Site.
Acceptance – actions by the User aimed at accepting the terms of this Public Offer.
Registration – the User fills in the appropriate form on the Site, indicating the data necessary for identification.
Personal account – a page of the Site containing the history of the User's/Buyer's orders made using the Site and personal information specified during Registration.
The Buyer's own account may also contain other information necessary for the identification of the User/Buyer and the processing of orders, the volume of which is determined independently by FOP Trofymenko Yurii Oleksandrovych .
The hotline is one of the means of information support. Hotline phone number: 067 7383405, open from 11:00 a.m. to 8:00 p.m. every day
1. General provisions
1.1. The information posted on the Site contains the terms of the offer to purchase the Goods and is a Public Offer of Yuriy Oleksandrovych Trofimenko FOP, addressed to an unspecified circle of people - users of the Site.
1.2. Acceptance is the fact of registration of the User/Buyer on the site, which is the expressed intention of the User/Buyer to purchase the selected Goods on the Site.
1.3. By Acceptance, the User/Buyer certifies his full and unquestionable agreement with all the provisions and rules of this Public Offer without any exceptions and limitations, and confirms that he is familiar with its terms before the Acceptance is made.
1.4. The contract is considered concluded from the moment of confirmation of registration.
1.5. Payment for goods is made exclusively in hryvnias by non-cash payment/cash on delivery.
2. Information about the Product, the price of the Product
2.1. The presented photo-samples contain one or more types of goods of a certain article and text information about the article, available sizes, price per product unit, and more.
2.2. The price of the goods presented on the Site is indicated with VAT included.
2.3. The information posted on the evie.ua website is exclusively informative.
3. Order processing procedure
3.1. The User/Buyer must independently place an Order for any product that is available for Order on the Site.
3.2. In case of unavailability of the ordered goods, the Representative of FOP Trofimenko Yuriy Oleksandrovych is obliged to inform the User/Buyer of such information using the means of communication left by the User/Buyer during registration on the Site.
3.3. In the event that the Ordered product is not available, the User/Buyer has the right to replace it with a Product of a similar model or cancel the Order by calling the Hotline number.
3.4. The User/Buyer has the right to cancel the order by calling the Hotline number.
4. Delivery of goods
4.1. The delivery of goods ordered on the Site is carried out by delivery services on the territory of Ukraine in accordance with the conditions specified on the site in the "Payment and Delivery" section or by self-pickup from the store specified in the Order. Delivery is carried out by the "Nova Poshta" courier service.
4.2. Together with the Order, the Buyer is provided with the documents required by the current legislation.
4.3. Upon receipt of the Goods, the Buyer is obliged to check the goods for quantity, quality, assortment and completeness.
4.4. The fact of acceptance of the Goods by the Buyer is the payment of the Goods.
4.5. In the event that the delivery of Orders is carried out by delivery services (hereinafter referred to as "Carrier Companies"), by Acceptance of this Public Offer, the Buyer fully and unconditionally agrees to the Rules of transportation of goods of the Carrier Companies. The terms of such Rules can be found on the websites of the respective Carrier Companies.
4.6. The risk of accidental death and/or accidental damage to the Goods passes to the Recipient from the moment the Order is handed over to him and the Recipient signs the documents confirming the delivery of the Order.
5. Return of the Goods.
5.1. Return of goods of proper quality.
5.1.1. The return of goods of appropriate quality is carried out in accordance with the Law of Ukraine "On the Protection of Consumer Rights" No. 1023-XII of May 12, 1991 (as amended).
5.1.2. The buyer has the right to refuse the delivered goods of appropriate quality within 14 (fourteen) days from the moment of receipt of the goods only on the condition that the type of goods, consumer properties of the goods, factory packaging, labels and settlement document (electronic document, receipt, goods or cashier's check, ticket, coupon or other document confirming the receipt of funds, indicating the date of settlement).
5.1.3. The return of goods of appropriate quality, the delivery of which was carried out by carrier companies, is carried out at the expense of the Buyer.
5.2. Return of goods of inappropriate quality.
5.2.1. The warranty period of 30 calendar days from the day of sale or the beginning of the season has been established for shoes sold by FOP Trofymenko Yuriy Oleksandrovych . In the event that defects are detected during the established warranty period, the consumer has the right to demand in accordance with the procedure established by the Law of Ukraine "On the Protection of Consumer Rights":
1) proportional price reduction,
2) free of charge elimination of product defects within a reasonable period of time;
3) reimbursement of expenses for the elimination of product defects.
5.2.2. In case of return of Goods that have a significant defect in accordance with the Law of Ukraine "On the Protection of Consumer Rights" No. 1023-XII of 12.05.1991 (as amended), the delivery of which was carried out by carrier companies, FOP Trofymenko Yuriy Oleksandrovych shall return the money as a matter of fact return of the Goods. Costs associated with the delivery of such Goods to the Buyer by the carrier company are covered by the FOP Trofymenko Yuriy Oleksandrovych
5.2.3. Additional regulations regarding the procedure for returning goods, the delivery of which was carried out by Carrier Companies, are specified in the "Return of goods" section of the Site.
6. Rights and obligations of FOP Trofymenko Yurii Oleksandrovych
6.1. FOP Trofymenko Yury Oleksandrovych has the right to:
6.1.1. Unilaterally suspend the sale of the Goods and the provision of delivery services (refuse to process the Order/sale and delivery of the Goods) in case the User/Buyer violates the terms of the Public Offer;
6.1.2. At its own discretion, unilaterally change the price of the Goods. In any case, the price of the Goods of the confirmed FOP Yuriy Oleksandrovych Trofymenko of the Order remains unchanged;
6.1.3. If the Goods ordered by the Buyer are not available, the latter has the right to exclude the specified Goods from the Order / cancel the Buyer's Order, necessarily informing the Buyer of this by sending a corresponding electronic message to the e-mail address specified by the Buyer during registration (or by calling the operator of the Call Center to the address specified by the User /Buyer's phone number);
6.1.4. At its own discretion, unilaterally make changes to the terms of the Public Offer by placing (publishing) it in a new edition on the Site. Changes enter into force from the moment of their posting (publication), unless a different period of entry into force of changes is not additionally determined upon their publication.
6.1.5. Post on the Site information about advertising events and marketing activities that are or will be conducted by the Seller and/or third party partners of the Seller. Also, in accordance with the terms of this Public Offer and the Privacy Policy, send e-mails to the e-mail address of the Users with information about news, advertising events, marketing activities, other commercial offers of FOP Yuriy Oleksandrovych Trofimenko
6.1.6. Organize the delivery of Orders, involving third parties in providing delivery services.
6.2. FOP Trofymenko Yury Oleksandrovych undertakes:
6.2.1. After confirmation of the Order, execute properly executed and confirmed Orders;
6.2.2. Deliver the Goods in accordance with the issued Order and the terms of the Public Offer;
6.2.3. Check the quantitative and qualitative characteristics of the Product during its packaging and preparation for delivery;
6.2.4. In no way disclose information about personal data of Users and Buyers, passwords and other access data in accordance with the Security Rules posted on the Site;
6.2.5. Give each User the opportunity to refuse to receive advertising materials and other commercial offers of FOP Trofymenko Yuriy Oleksandrovych , which are sent by the latter to the e-mail address specified during registration on the site.
7. Rights and obligations of the User/Buyer.
7.1. The User/Buyer has the right to:
7.1.1. Select the Products, complete and send the Order on the relevant pages of the Site;
7.1.2. To demand from FOP Trofymenko Yury Oleksandrovych fulfillment of the conditions and obligations stipulated by this Public Offer;
7.1.3. Opt out of receiving advertising materials and other commercial offers of FOP Trofymenko Yurii Oleksandrovych sent by the latter to the User's e-mail address.
7.2. The User/Buyer undertakes:
7.2.1. Before the Acceptance of this Public Offer, familiarize yourself with all its terms and conditions;
7.2.3. Familiarize yourself with the information about the Product (its description), which is posted on the Site, before the Order is placed and sent;
7.2.4. Duly pay and receive the Order executed in accordance with the terms of this Public Offer;
7.2.5. When registering and/or placing an Order, provide FOP Trofymenko Yuriy Oleksandrovych with all the information necessary to deliver the Order. The User/Buyer bears full responsibility for providing false information, which caused the impossibility of FOP Trofymenko Yuriy Oleksandrovych to fulfill its obligations to the Client/Buyer.
7.2.6. Upon receipt of the Order, verify the integrity and completeness of the Goods by reviewing the contents of the Order. In case of detection of damage or incomplete completion of the Goods, record all differences in the Act, which must be signed by the person who delivered the Order together with the Buyer.
7.2.7. Familiarize yourself with the Cargo Transportation Rules of the Carrier Companies before placing the Order.
8. Liability of the parties. Dispute resolution procedure.
8.1. FOP Trofymenko Yuriy Oleksandrovych is not responsible for the quality of public communication channels and possible interruptions in the data transmission network (including, but not limited to, the global Internet), through which the Site is accessed.
8.2. Any complaint or claim of the User/Buyer must be made in writing. FOP Trofymenko Yuriy Oleksandrovych will take all necessary measures to satisfy the complaint/claim of the User/Buyer, if such complaint/claim is substantiated and formalized in accordance with the current legislation of Ukraine.
8.3. All disputes, disagreements or claims arising from this Agreement or in connection with it, including those related to its implementation, violation, termination or invalidity, are subject to resolution in the appropriate court in accordance with the substantive and procedural law of Ukraine, subject to the conditions regarding jurisdiction and subdepartments.
9. Force majeure.
9.1. The Parties are released from responsibility for untimely or improper fulfillment of their obligations, if such non-fulfillment is the result of circumstances of an extraordinary nature, the occurrence of which is not related to the will of the Parties, such as military actions, strikes,
disorder, accidents, natural disasters, changes in the legislation of Ukraine, as well as other circumstances of an extraordinary nature that arose after the conclusion of this Agreement and directly affect the fulfillment of the terms of this Agreement and which the Parties could neither foresee nor warn.
9.2. The Party, for which it became impossible to fulfill its obligations due to the occurrence of force majeure circumstances, must immediately inform the other Party in writing about the occurrence of the above-mentioned circumstances, and also provide the other Party with confirmation of the force majeure circumstances within 30 (thirty) calendar days. Such confirmation will be a corresponding document issued by the authorized Chamber of Commerce and Industry of Ukraine or another duly authorized state body located at the place of occurrence of force majeure circumstances.
10. Precautions regarding the collection and processing of personal data.
10.1. Upon acceptance of the contract, the User/Buyer gives his consent to the collection and processing of personal data in accordance with the Law of Ukraine dated June 1, 2010 No. 2297-VI "On the Protection of Personal Data".
10.2. Any information received from the User / Buyer will never and under no circumstances be provided to third parties, except for cases provided for by the current legislation of Ukraine.
10.3. The information provided by the user/buyer is used in the processing of the Order, as well as to provide the User/Buyer with commercial offers of FOP Trofymenko Yuriy Oleksandrovych
10.4. Personal information can be changed, updated or deleted at any time in the "Personal account" section.
10.5. In order to provide the User/Buyer with information about the products posted on the website, FOP Trofymenko Yuriy Oleksandrovych may send informational messages to the e-mail address specified during registration.
10.6. Personal data of the User / Buyer are processed in accordance with the Law of Ukraine dated June 1, 2010 No. 2297-VI "On the protection of personal data" and the Security Rules specified in the "Security" section of the Site.
11. Other.
11.1. The provisions of the current legislation of Ukraine apply to the relationship between the User/Buyer and FOP Trofymenko Yuriy Oleksandrovych .
11.2. The photos of the Product contained on the pages of the Site may differ from the actual appearance of the Product. The descriptions/characteristics accompanying the Product do not claim to be comprehensive and may contain typographical errors. To clarify information about the Product, the User must contact the Hotline number.
11.3. FOP Trofymenko Yurii Oleksandrovych can carry out audio recording of conversations on the Hotline, using appropriate telecommunications equipment, provided that Users / Buyers are notified of the fact of audio recording by means of a verbal warning. Such a record can be made by FOP Trofymenko Yury Oleksandrovych , for the latter to exercise its rights and legal interests, as well as to improve the quality of service provision, etc. FOP Trofymenko Yuriy Oleksandrovych is guided by the statement that the User/Buyer who does not agree to the audio recording of the conversation may not continue communicating with the Hotline operator after receiving a notification about audio recording.
11.4. FOP Trofymenko Yurii Oleksandrovych reserves the right to expand and reduce the product offer presented on the Site.